Lawyer

Chapter 538
Seeing that Cao Wenxue didn't pay any money, the defendant Gao Qiyuan became suspicious, and then he asked for it many times, but nothing happened.

In a rage, Gao Qiyuan planned to tie up his old partner and ask for money.Afterwards, he brought a dagger, pepper water, electric shock baton and other tools to the community where Cao Wenxue was hiding and waited for a rabbit. He planned to tie Cao Wenxue and take him to a remote warehouse that he had rented in the suburbs in advance, where he was detained for "debt collection" and demanded The 250 million that belonged to him.

After squatting for a few days, Gao Qiyuan finally saw Cao Wenxue who came back with a roast chicken and humming a ditty. When the latter saw Gao Qiyuan squatting at the door of the building smoking, he was shocked and just wanted to speak. Seeing Gao Qiyuan walking towards him with fierce eyes, he immediately turned pale with fright, ran to the security guard at the gate and shouted for help.His cries for help alarmed the residents and security guards in the community. After Gao Qiyuan kicked him, he had to run away when the incident came to light.

Cao Wenxue knew what kind of person Gao Qiyuan was, and once he decided on something, he would definitely do it to the end. After that, Cao Wenxue was in constant panic.

In the end, he thought of "killing someone with a borrowed knife", and wanted to use the police to kill Gao Qiyuan to relieve the urgent need.The reason why Cao Wenxue dared to do this was because he believed that even if Gao Qiyuan was arrested, he would not tell the story of the kidnapping, because the two of them were grasshoppers on the same rope.

He then reported to the police that someone was going to kidnap him.Kidnapping is a big case, so the police locked Gao Qiyuan based on surveillance and began to investigate.

At this time, Gao Qiyuan's life was not easy. He made a vote before, but Cao Wenxue took all the money. The money in his hand was not even enough for next month's rent.While he was trying to drink away his sorrows and was thinking about how to settle the score with Cao Wenxue, the police broke into the rental house and arrested him in one fell swoop.

Gao Qiyuan never dreamed that it was the case of Cao Wenxuebao. He thought it was the kidnapping case in Northeast China, so he kept silent after being arrested.After questioning by the police, Gao Qiyuan understood the truth. The emotional police came to him not because of the kidnapping case in Northeast China, but because of Cao Wenxue.He wished he could tear Cao Wenxue into pieces.

Just as the Beijing police were about to transfer the case to the procuratorate, the Northeast Police sent a co-investigation letter. When the Beijing police saw it, they immediately burst out laughing. Unexpectedly, the newly uncovered kidnapping suspect Gao Qiyuan and the victim Cao Literature is actually a kidnapper.It's really hard to find a place to go through iron shoes, and it doesn't take much effort to get it.

After review and prosecution by the procuratorate, the defendant Gao Qiyuan was finally prosecuted to the district court for the crime of illegal detention.

Although Gao Qiyuan is inconspicuous, he has an older brother who holds real power in a large group company and has a certain influence. Although the relationship between the two brothers has always been bad, they are brothers after all.So Gao Qiyuan handed over his brother's case to Zhou Shen.

"Okay, that's the case. Everyone has read the case files before. Now let's talk about your thoughts and express your opinions. How we can defend this case is in the best interest of the parties." Zhou Shen said.

"Lawyer Zhou, Lawyer Fang, let me first talk about my opinion, and give advice. The victim, Cao Wenxue, reported that Gao Qiyuan wanted to kidnap him, but the procuratorate determined that Gao Qiyuan constituted the crime of illegal detention.

According to the evidence in the case, Gao Qiyuan did not actually implement the detention, and even the seizure was not completed, which did not meet the prosecution standard for the crime of illegal detention.So I suggest a plea of ​​not guilty. "Lawyer Wang said.

"I agree to defend Gao Qi's innocence, but my reasons are different from Lawyer Wang's.

In my opinion, what the defendant Gao Qiyuan demanded from Cao Wenxue was not a legal debt, but the ransom they got from kidnapping others.Because the previous behavior of the two had violated the "Criminal Law", the ransom cannot be regarded as a debt.

According to the "Interpretation of the Supreme People's Court on How to Convict the Behavior of Illegally Detaining Others for Obtaining Debts Not Protected by Law", the actor who illegally detains or detains others for the purpose of extorting debts not protected by law such as usury and gambling debts shall also It should be punished as illegal detention, and cannot be classified as a crime of kidnapping.

However, the "debts not protected by law" in the above explanation refers to debts equivalent to usury and gambling debts, and should not include so-called debts arising from unequal distribution of spoils due to violation of criminal law.

In addition, according to the principle of who claims to prove, when the victim Cao Wenxue denied that there was a debt between the two parties, Gao Qiyuan could not provide evidence to prove that there was indeed an agreement or a debt between the two parties, so it should not be determined that there was a debt between the two parties , should not constitute the crime of illegal detention. Lawyer Zhao with gray hair said with a serious face.

"Lawyer Sun, what do you think?" Zhou Shen asked.Lawyer Sun is the youngest and most junior criminal lawyer in his team, and he is the kind of person who speaks lightly, but he doesn't think so.

"I checked and found that the crime of illegal detention currently only has a standard for filing a case in the field of duty-related crimes, and there is no standard for prosecution of ordinary criminal cases.

With reference to the provisions of the "Regulations on the Standards for the People's Procuratorates to Directly Accept Cases for Filing and Investigating Cases (Trial Implementation)" (implemented on September [-], [-]), if a staff member of a state organ is suspected of using his power to illegally detain him, the case shall be filed under any of the following circumstances: :

[-]. The duration of illegal detention exceeds [-] hours;

[-]. Unlawfully detaining others more than three times, or illegally detaining three or more persons at one time;

[-]. Illegally detaining others and committing acts of binding, beating, insulting, etc.;
[-]. Illegally detained, resulting in disability, death, or mental disorder;

[-]. Illegally detaining or detaining others for the purpose of extorting debts, under any of the above circumstances;
[-]. Judicial personnel illegally detain people who they know are innocent.

The evidence in the case shows that the defendant Gao Qiyuan planned to ask for the proceeds of crime, that is, the stolen money, by means of detention. Judging from his motives and the preliminary preparations he had made, he met the above requirements and should be classified as a crime of illegal detention. The details are as follows:

[-]. The evidence in the case shows that Gao Qiyuan planned to kidnap Cao Wenxue by means of binding and detain him in a relatively remote warehouse that had been prepared, and asked for stolen money. His behavior met the requirements of "using binding means".

24. Gao Qiyuan had chosen the place of detention in advance, and planned to imprison Cao Wenxue until the other party paid the money, and had the criminal intent to limit it to more than [-] hours.

[-]. Gao Qiyuan prepared tools such as knives, electric shock rods, pepper spray, etc., and had the intention to commit assault, which met the requirements of "assault".

So I think this case should be dealt with as the crime of illegal detention. " Lawyer Sun said.

Zhou Shen looked at Fang Yi, with a message in his eyes: You see, I am right, three people and three opinions, everyone has reason, and no one can refute the other, three legs stand together!
(End of this chapter)